For Music in Multimedia Copyright Wisdom For Music in Multimedia

“If you are having to talk about Fair Use, then you’re already in trouble.” - Michael Brown, NY Copyright Attorney 

DON’T DOWNLOAD THIS SONG!! Illegal platforms are known as “peer to peer” sharing. This is a process whereby someone can post on a web or through public file sharing, songs for others to come and download songs/files which they have not purchased. Examples include Limewire and Kazaa. Just the very presence of this software on your computer is incriminating. It is advised that these software programs appear nowhere in a school’s system, and especially not your home.

Copyright Cases During the end of the 2005 – 2006 school year, a large and affluent school district in (sorry, we took out the state name to omit speculation), who had large media programs for the students while running their own cable station, had been insistent that they were operating within “Fair Use”, and using only portions of songs which were not for profit. The district did not understand the proper meaning of “Fair Use”, and were forced to explain their actions to authorities. Thinking that their “Fair Use” explanation would hold up, the district was sited on 38 various law suits totaling over $30 million dollars. Upon further research, the authorities also discovered peer to peer sharing of illegal music files among students, and filed separate lawsuits against the parents of guilty students. In the case of one girl, she had shared over 5 thousand illegal downloads, and her current fine is at $3 million dollars.

I. Music Copyright Definition II. Illegal Platforms III. Legal Use IV. Educational Use V. Links and Resources

What is Copyright? http://www.copyright.gov/circs/circ1.html#wci Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following: To reproduce the work in copies or phonorecords; To prepare derivative works based upon the work; To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works; To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission. Emphasize “owner of the copyright”… has the exclusive right to do and to authorize others. Note to your audience that they are not do make that decision on behalf of the owner.

(Also known as “peer to peer” sharing platforms) Illegal Music (Also known as “peer to peer” sharing platforms) Examples: Limewire Kazaa Illegal platforms are known as “peer to peer” sharing. This is a process whereby someone can post on a web or through public file sharing, songs for others to come and download songs/files which they have not purchased. Examples include Limewire and Kazaa. Just the very presence of this software on your computer is incriminating. It is advised that these software programs appear nowhere in a school’s system, and especially not your home.

Purchased from legal distributor for: What is legal use? Purchased from legal distributor for: Home use Personal use Legal use of music means: You purchased the song(s) from a legal distributor, such as iTunes. You do not share your music with non-purchasing customers or friends. You do not use the music for business or educational purposes, but for home and personal use only. When someone says, “I purchased the music legally, so why can’t I use it in my video?” Answer: You purchased it for home and personal use – not for public, professional or educational purposes (educational with exceptions and documentations).

Fair Use Guidelines for Educational Multimedia Educational Use (Refer to) Fair Use Guidelines for Educational Multimedia The Conference on Fair Use met in 1997 to try and establish some guidelines for educational use. The first problem with Fair Use is that it is dated and open to interpretation. The bigger problem is that many refer to section 4.2.3 which states that you may use 10% or 30 seconds of a work, but they fail to recognize the other sections, stipulations, and especially the documentation processes involved. It’s a bit like honoring the speed limit, but driving on the wrong side of the road. There are some important facts that we’ve missed that can lead to danger and being pulled over. So let’s take a closer look to further understand the Fair Use Guidelines.

Fair Use Guidelines for Educational Multimedia Educational Use Fair Use Guidelines for Educational Multimedia 6.7 Licenses and Contracts Educators and students should determine whether specific copyrighted works, or other data or information are subject to a license or contract. Fair use and these guidelines shall not preempt or supersede licenses and contractual obligations. CONFU (Conference on Fair Use) met in 1997 to establish guidelines for educational use. Much has changed since 2007, and we now have tools and technology that put us in a car going 160 mph, but the speed limit is still 55. Note to teachers and students: Just because you CAN do it technologically, does not mean that it is OK LEGALLY. This is why it’s important to note that section 6.7 of Fair Use, even in 1997 stated: 6.7 Licenses and Contracts Educators and students should determine whether specific copyrighted works, or other data or information are subject to a license or contract. Fair use and these guidelines shall not preempt or supersede licenses and contractual obligations. In 1997, Fair Use is not very protective so even more so in 2007 during this age of easily published and on-line broadcasting of video and multimedia material. (Please note, that’s a little scary in the Fair Use paragraph, they are asking students to make a determination).

Fair Use Guidelines for Educational Multimedia Educational Use Fair Use Guidelines for Educational Multimedia 1997 However, In 2007 U.S. Copyright Office states: http://www.copyright.gov/fls/fl102.html The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. To define educational use, we must refer back to the Fair Use Guidelines, however, the U.S. Government Copyright Office states: The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. Based on this, it is always best, even for educational purposes, to have written permission to use copyrighted musical works in all cases, since the distinction is unclear, and portions may not be safely taken without permission.

Educational Use Fair Use Guidelines for Educational Multimedia Section 3.2.3 No web publishing No www.youtube.com Must be on a secured, password protected network No copies Many students and schools put their multimedia projects and presentations on the internet, youtube or other public access location. (Just do a search at www.youtube.com under the heading “video yearbook”, and count the copyright infringements). Section 3.2.3 of Fair Use says you may not use copyrighted on the internet, and must be on a secured, password protected network, and works may not be copied. Challenging questions for your audience: How do you keep a work from getting on the web or youtube once it’s created? What if parents or students want copies? What if you want to sell to recoup costs? All of these are violations, and yet we see teachers and students doing these things without understanding what “Fair Use” for education really means.

Other points in the Fair Use Guidelines Must be relevant to course content Used for face to face instruction One time use Bullet 1 – For example, if you’re teaching Mozart, you may use some Mozart music since it is relevant to your course content. If you’re doing a video yearbook and need background music, or, a morning news show and you need background music, THIS IS NOT CONSIDERED RELEVANT to your course content, and is a copyright violation to use. Bullet 2 – Use in the classroom only for face-to-face instruction or distance learning on a secured network. Bullet 3 – Document in your lesson plan to dot I’s, cross T’s. Bullet 4 – Fair Use is designed for one-time use. If you plan on using a copyrighted piece of music on an on-going basis, even if you follow the points mentioned here, you need to get written permission to use the work.

So what do we as educators do to be compliant? Use only course related content – don’t “stretch” it. If in doubt, don’t use a copyrighted piece without written permission. Use only for face-to-face instruction in a classroom setting. Do not post projects using copyrighted music to the web or other public access places. Always document usage in your lesson plan. One time use only. Write a regional, district, school wide, or even class wide copyright policy statement to which all users must agree. Have a royalty free music library to use music for multimedia with a written license from the company.

REMEMBER L.E.O. Legal – The law is the law, and we as educators have a responsibility to obey the law in our classroom setting. Ethical – If we do not obey the copyright laws, then what are we teaching our students about ownership and legal issues? Ownership – You do not own the music or material. It is not yours to use outside of home and personal use. IMPORTANT NOTE…….

COPYRIGHT OWNERS are not just the big bad record labels seeking to get you. Many copyright owners (and there may be many for one single song), are low-paid individuals who are trying to make a living – just like you. Even if you’re not making a profit, you can not use their material without their permission. And, the music industry is full of “hungry” people who don’t mind seeking out violations. © © © © © © © © © © © ©

Links and Resources www.copyright.gov - U.S. Copyright Office www.ccumc.org/copyright/ccguides.html - Fair Use Guidelines www.music-rules.com - Free on-line information for teachers, parents and students published by the RIAA (Recording Industry Association of America) www.riaa.com – Recording Industry Association of America Carol Simpson’s “Copyright Basics for Schools” – Linworth Publishing Royalty Free Music available through Eastern Suffolk VRC and TekData.

Requirements for a royalty free music collection Written license File ownership Podcast and broadcast rights Right to duplicate end projects Right to sell end projects within education

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